No. 19-1097
Enzo Life Sciences, Inc. v. Becton, Dickinson and Company, et al.
Relisted (2)
Tags: aia burden-of-proof due-process inter-partes-review patent patent-validity retroactive-legislation retroactivity takings vested-rights
Key Terms:
AdministrativeLaw ERISA DueProcess FifthAmendment Takings Patent Trademark
AdministrativeLaw ERISA DueProcess FifthAmendment Takings Patent Trademark
Latest Conference:
2020-06-18
(distributed 2 times)
Question Presented (from Petition)
Does the application of inter partes review to a patent that issued before the enactment of the AIA violate the Due Process Clause because it retroactively diminishes vested rights by lowering the burden of proof required to revoke a patent in an adversarial proceeding?
Question Presented (AI Summary)
Does the application of inter partes review to a patent that issued before the enactment of the AIA violate the Due Process Clause because it retroactively diminishes vested rights by lowering the burden of proof required to revoke a patent in an adversarial proceeding?
Docket Entries
2020-06-22
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2020-06-15
DISTRIBUTED for Conference of 6/18/2020.
2020-06-09
Rescheduled.
2020-05-26
DISTRIBUTED for Conference of 6/11/2020.
2020-05-20
Reply of petitioner Enzo Life Sciences, Inc filed. (Distributed)
2020-05-08
Brief of Federal Respondent in opposition filed.
2020-05-06
Brief of respondent Becton, Dickinson And Company in opposition filed.
2020-04-30
Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2020.
2020-04-29
Motion to extend the time to file a response from May 6, 2020 to May 8, 2020, submitted to The Clerk.
2020-03-26
Motion to extend the time to file a response is granted and the time is extended to and including May 6, 2020, for all respondents.
2020-03-25
Motion of the Solicitor General to extend the time to file a response from April 6, 2020 to May 6, 2020, submitted to The Clerk.
2020-03-19
Motion to extend the time to file a response is granted and the time is extended to and including May 6, 2020.
2020-03-18
Motion to extend the time to file a response from April 6, 2020 to May 6, 2020, submitted to The Clerk.
2020-03-03
Petition for a writ of certiorari filed. (Response due April 6, 2020)
Attorneys
Becton, Dickinson And Company
Enzo Life Sciences, Inc
Justin Patrick Daniel Wilcox — Desmarais LLP, Petitioner
United States
Noel J. Francisco — Solicitor General, Amicus